Does anuyone know I-140?

Silverdragon102, BSN · Nov 16, 2007

I-485 is only applicable if going the AOS route and gives you permission to work whilst file for green card is being processed. When going consular processing only I140 needs to be filed.

Welcome to the site

n50307 · Nov 18, 2007

I-485 is only applicable if going the AOS route and gives you permission to work whilst file for green card is being processed. When going consular processing only I140 needs to be filed.
Welcome to the site

sorry ...can I ask what is AOS route?

I still can't understand..sorry.......

RNGrad2006 · Nov 18, 2007

sorry ...can I ask what is AOS route?
I still can't understand..sorry.......

AOS stands for adjustment of status meaning you are in the US under some form of status (ie) F1 student visa or H1B etc... and adjusting status to EB3 employment based category for green card. And yes with I140 alone you do not get a EAD. 1140 only states an employer is petitioning you for employment but that alone does not allow you to work. It is only if you do the I140 (the actual petition) and I485 AOS together that you can get the EAD while you are waiting for a visa number to become available = green card.

narno7 · Nov 20, 2007

Does anyone know what is I-140 for?and I-485?
My friend told me I-140 petition application won't give me the EAD
is it true?ONly I-140 + I-485 =EAD and Green card
is it true?thank you.......

You can file I-140 together with I-485 (calls concurrent filing). And when you file I-485, you can also file I -765 for EAD (Employment Authorization Document) Card. If you get approval of your I-765 petition, the USCIS wil send you the EAD card, then you can apply for SSN and work legally.

You can learn more from the website below.

May God help you to get throught it!

Narno7

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

lawrence01 · Nov 20, 2007

Will just add that I-485 (AOS) and I-765 (EAD) cannot be filed during retrogression.

lawrence01 · Nov 21, 2007

may be find more info below from murthy.com;
september 2007 visa bulletin : some good news
as was reported to murthydotcom and murthybulletin readers immediately upon issuance of the september 2007 visa bulletin, there is good news for eb1, eb2, and for certain eb3 foreign nationals in next month's visa bulletin. [see our august 17, 2007 murthybulletin article, [color=#0000cc]september visa bulletin - some eb categories show availability.] the september visa bulletin is also favorable for eb4, religious workers, and eb5. the contents of that visa bulletin are summarized here for our readers. the most recent visa bulletin

http://www.murthy.com/news/n_0907gn.html

there is no new info. that can be found there. it is also an old visa bulletin as well. there is already a dec. visa bulletin and it still states that the eb3, of w/c nurses are part of is retrogressed from 2001 to 2002 depending on the country and therefore one cannot file the i-485 and ead during these times. last time filing of aos and ead was allowed was in july when almost every eb category was "current". the next month, everything retrogressed to 2001 and 2002.

idaRN · Feb 21, 2009

I would like to ask if one can file for I485 and I765 even if I140 is still pending? Is there a minimum number of days that you have to stay in the US before you can file for the I485?

I have seen on the USCIS about the Processing time posted Feb. 20, 2009 that the processing time for I765 is 3 months. Will this be affected by the retrogression in anyway? Thanks!

suzanne4, RN · Feb 21, 2009

I would like to ask if one can file for I485 and I765 even if I140 is still pending? Is there a minimum number of days that you have to stay in the US before you can file for the I485?
I have seen on the USCIS about the Processing time posted Feb. 20, 2009 that the processing time for I765 is 3 months. Will this be affected by the retrogression in anyway? Thanks!

The US has not accepted the I-485 for more than two years except during that glitch of july/August 2007. So there is no way to file it now. Add into it the fact that there were over 800,000 petitions submitted during the months that I just mentioned and only 140,000 total green cards per year, we are expecting it be more than 5 years before things open up.

It has nothing to do with the I-140 pending, but the fact that the government is not accepting them.

All of it is directly affected by the retrogression...........nothing can be submitted for the I-485 until visas are current, so that means until the retrogression is over.

If the government is not accepting any petitions at this time, then there is nothing that you can do but wait along with everyone else. It is also considered dual intent if you were to come to the US now on a tourist visaand expect to be able to file the I-485, which you would not be able to do. Also means that you would be wanting to take cuts in front of everyone else that has been waiting.

You also have not mentioned when your I-140 was submitted. But be aware that there are nurses from 2005 that are still waiting and they have approval on everything.